Do I Have a Personal Injury Case in New York City?
If you’ve been hurt in an accident in New York City, you may be wondering: Do I have a personal injury case? An unexpected injury can leave you with expensive medical bills, lost income, and long-term pain. If someone else’s negligence caused your injuries, you may be entitled to compensation under New York law.
The strength of your case depends on factors such as who was at fault, the severity of your injuries, the available insurance coverage, and whether you file your claim before New York’s strict deadlines expire.
Key Elements of a Personal Injury Claim in NYC
To win a personal injury case in New York City, you must generally prove four elements:
- Duty of Care – The at-fault party had a legal obligation (e.g., drivers must follow traffic laws, property owners must keep premises safe, doctors must provide competent care).
- Breach of Duty – They failed to meet that duty through negligence, recklessness, or misconduct.
- Causation – Their breach directly caused your injuries.
- Damages – You suffered measurable harm such as medical expenses, lost wages, pain and suffering, or reduced quality of life.
New York follows a pure comparative negligence rule, meaning you can still recover damages even if you were mostly at fault. Still, your compensation is reduced by your percentage of responsibility.
Common Types of Personal Injury Cases in New York City
Our NYC personal injury attorneys handle all types of accident claims, including:
- Car, truck, motorcycle, bicycle, and pedestrian accidents
- Construction and workplace accidents in Manhattan, Brooklyn, Bronx, Queens, and Staten Island
- Slip-and-fall and other premises liability cases in apartments, stores, and public property
- Defective or dangerous product injuries
- Medical malpractice and nursing home neglect
- Dog bites and animal attacks
- Burn injuries and catastrophic harm
- Wrongful death lawsuits for families who lost a loved one
What Compensation Can You Recover in New York?
A successful personal injury claim in NYC may include:
- Economic Damages – Medical bills, rehabilitation, lost wages, reduced earning capacity, property damage
- Non-Economic Damages – Pain and suffering, emotional distress, loss of companionship, diminished quality of life
- Punitive Damages – Rare, but awarded in cases of extreme recklessness or intentional misconduct
- Wrongful Death Damages – Funeral expenses, loss of income and support, emotional suffering of surviving family members
New York Statute of Limitations for Personal Injury
Strict deadlines apply to filing a lawsuit in New York City courts:
- Personal injury: 3 years from the date of the accident
- Medical malpractice: 2 years, 6 months from the act (exceptions apply)
- Wrongful death: 2 years from the date of death
- Claims against NYC or government agencies: Notice of Claim within 90 days, lawsuit usually within 1 year and 90 days
Missing these deadlines can bar your claim permanently – don’t wait to speak with an NYC accident lawyer.
Steps to Take After an Accident in NYC
Protect your right to recovery by:
- Seeking medical care immediately and following your doctor’s instructions
- Reporting the accident (to NYPD, employer, or property owner)
- Documenting the scene with photos and witness information
- Preserving evidence, including defective products if relevant
- Avoiding social media posts about your injuries
- Contacting a New York City personal injury lawyer as soon as possible
Settlement vs. Trial in NYC Cases
Most personal injury cases in New York City are resolved through insurance settlements, saving time and stress. However, if insurers refuse to pay fairly, your attorney may take the case to trial in Bronx, Manhattan, Brooklyn, Queens, or Staten Island courts to pursue maximum compensation.
Why Hire a New York City Personal Injury Lawyer?
Navigating the NYC legal system alone can be overwhelming. An experienced personal injury lawyer will:
- Investigate and gather evidence
- Prove liability under New York law
- Calculate the full value of your damages
- Negotiate aggressively with insurance companies
- Represent you in NYC courts if necessary
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office plus six convenient locations across NYC (Bronx, Brooklyn, Queens, Staten Island) and surrounding areas (Yonkers, Nassau County)
- Fee Guarantee – No fee unless we win your case
- Bilingual legal services available
- Hundreds of positive reviews from New Yorkers
- Recognized by Best Lawyers and Super Lawyers
- We handle the insurance companies so you can focus on healing
Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462).
Our New York City personal injury attorneys fight every day for accident victims. You can contact us today for a free consultation and learn how we can help you recover the maximum compensation you deserve.
Frequently Asked Questions About NYC Personal Injury Cases
How do I know if I have a valid case?
If you were harmed by another’s negligence and suffered damages, you may have a claim. Only a New York personal injury lawyer can thoroughly evaluate your case.
What if I were partly at fault?
Under New York’s comparative negligence rule, you may still recover damages, but your percentage of fault reduces your compensation.
What if the injured person dies?
Surviving family members may file a wrongful death lawsuit in New York courts.
How long will my case take?
Some cases settle in months; complex cases may take years.
Will my case go to trial?
Most cases settle outside court, but preparing for trial strengthens negotiation leverage.
How much does a lawyer cost?
At Greenstein & Pittari, LLP, you pay nothing unless we win your case.